Tenancy Terminated for Rent Arrears - Tenancy Tribunal Decision
📌 In brief
The Tenancy Tribunal ended a tenancy because the tenant didn't pay rent on time. The tenant was told to pay back the rent, water bills, and filing fees.
⚖️ Legal holding
A tenant must pay rent arrears and other outstanding debts when the tenancy is terminated due to non-payment.
📖 What the law says
This section allows the Tenancy Tribunal to end a tenancy if the rent is at least 21 days overdue when the landlord applies to the Tribunal. It also allows termination if the tenant has caused or threatened significant damage to the property, or has assaulted or threatened the landlord or their family/agent.
Plain-English explanation — does not replace advice from a lawyer.
📖 Technical summary
The tenancy was terminated due to rent arrears, and the tenant was ordered to pay outstanding debts.
📜 Headnote Official document
The Tenancy Tribunal terminated the tenancy of a tenant due to rent arrears and ordered the tenant to pay outstanding debts including rent and water arrears, filing fees, and a portion of the bond.
📚 Full judgment Official document
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[2025] NZTT 5203731
TENANCY TRIBUNAL AT REMOTE LOCATION | TE TARAIPIUNARA RETIHANGA
APPLICANT: [redacted] [NAME]
Landlord
RESPONDENT: [redacted]
Tenant
TENANCY ADDRESS: [ADDRESS], [ADDRESS], [POSTCODE]
ORDER
1. The tenancy of [NAME] at [ADDRESS], [ADDRESS], [POSTCODE] is terminated, and possession is granted to [COMPANY] as agent for [NAME], at the end of 23 April 2025.
2. The [COMPANY] is to pay the bond of $2,800.00 (5124441-009) to [COMPANY] as agent for [NAME] immediately.
3. [NAME] must pay [COMPANY] as agent for [NAME] $741.86 immediately, calculated as shown in the table below:
Description Landlord Rent arrears to 15 April 2025 $2,400.00 Water rates $314.86 Rent owing for 16/4 – 23/4/25 $800.00 Filing fee reimbursement $27.00 Sub-total $3,541.86 Bond $2,800.00 Balance tenant owes the landlord $741.86
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Reasons:
1. The hearing was conducted on Microsoft Teams.
2. [NAME] attended for the landlord. The tenant did not attend.
3. The landlord has applied for termination of the tenancy, rent and water arrears, reimbursement of the filing fee, and payment over of the bond.
4. Rent was at least 21 days in arrears on the date the application was filed. The tenancy must be terminated under s 55(1)(a) of the Residential Tenancies Act 1986. [NAME] was content for termination to be delayed one week to give the tenant time to move out.
5. The landlord provided rent and water records which prove the amounts the tenant owes for rent and water in arrears.
6. I add the additional rent that the tenant will owe at the end of the tenancy on 23 April 2025 to this order in the interest of simplicity.
7. The tenant must reimburse the landlord for the filing fee.
8. The Tribunal directs the [COMPANY] to pay out the bond to the landlord in part- payment of what the tenant owes the landlord under this order.
[NAME]
16 April 2025
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Please read carefully: Visit justice.govt.nz/tribunals/tenancy/rehearings-appeals for more information on rehearings and appeals.
Rehearings You can apply for a rehearing if you believe that a substantial wrong or miscarriage of justice has happened. For example: • you did not get the letter telling you the date of the hearing, or • the adjudicator improperly admitted or rejected evidence, or • new evidence, relating to the original application, has become available.
You must give reasons and evidence to support your application for a rehearing. A rehearing will not be granted just because you disagree with the decision. You must apply within five working days of the decision using the Application for Rehearing form: justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf
Right of Appeal Both the landlord and the tenant can file an appeal. You should file your appeal at the District Court where the original hearing took place. The cost for an appeal is $260. You must apply within 10 working days after the decision is issued using this Appeal to the District Court form: justice.govt.nz/tribunals/tenancy/rehearings-appeals
Grounds for an appeal You can appeal if you think the decision was wrong, but not because you don’t like the decision. For some cases, there’ll be no right to appeal. For example, you can’t appeal: • against an interim order • a final order for the payment of less than $1000 • a final order to undertake work worth less than $1000.
Enforcement Where the Tribunal made an order about money or property this is called a civil debt. The Ministry of Justice Collections Team can assist with enforcing civil debt. You can contact the collections team on [PHONE] or go to justice.govt.nz/fines/civil-debt for forms and information.
Notice to a party ordered to pay money or vacate premises, etc. Failure to comply with any order may result in substantial additional costs for enforcement. It may also involve being ordered to appear in the District Court for an examination of your means or seizure of your property.
If you require further help or information regarding this matter, visit tenancy.govt.nz/disputes/enforcing- decisions or phone Tenancy Services on [PHONE].
Mēna ka hiahia koe ki ētahi atu awhina, kōrero ranei mo tēnei take, haere ki tenei ipurangi tenancy.govt.nz/disputes/enforcing-decisions, waea atu ki Ratonga Takirua ma runga [PHONE] ranei.
https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals https://www.justice.govt.nz/assets/Documents/Forms/TT-Application-for-rehearing.pdf https://www.justice.govt.nz/tribunals/tenancy/rehearings-appeals/ https://www.justice.govt.nz/fines/about-civil-debt/ https://www.tenancy.govt.nz/disputes/enforcing-decisions https://www.tenancy.govt.nz/disputes/enforcing-decisions http://www.tenancy.govt.nz/disputes/enforcing-decisions/
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A manaomia nisi faamatalaga poo se fesoasoani, e uiga i lau mataupu, asiasi ifo le matou aupega tafailagi: tenancy.govt.nz/disputes/enforcing-decisions, pe fesootai mai le Tenancy Services i le numera [PHONE].
Reasons:
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The tenancy was terminated because the rent was more than 21 days overdue when the application was filed.
- The landlord provided records that proved the amounts owed for rent and water arrears.
- The tenant was ordered to reimburse the landlord for the filing fee.
- The bond was directed to be paid to the landlord as partial payment for the tenant's debt.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tenancy was terminated and the tenant was ordered to pay outstanding debts.
What was the dispute about?
The landlord wanted to terminate the tenancy due to unpaid rent and water bills.
How did the court decide, and why?
The court decided to terminate the tenancy because the rent was at least 21 days in arrears when the application was filed.
Which laws or rules were applied?
The Residential Tenancies Act 1986, section 55(1)(a) was applied.
What was the argument that mattered most?
The landlord proved that the rent was at least 21 days in arrears when the application was filed.
Was the decision for or against the person who brought the case?
The decision was for the landlord who brought the case.
What does this mean for someone in a similar situation?
Someone who fails to pay rent on time could have their tenancy terminated and be ordered to pay outstanding debts.
What evidence or documents mattered?
The landlord provided rent and water records proving the amounts owed by the tenant.